“You’ve been served.” If you ever have the pleasure of hearing these three words, it’s time to get out your recipe card for court.
Every case in every court has different ingredients which will determine the results. But the process always starts with a NOTICE.
When the Constitution was signed on Sept. 17, 1787, the Founding Fathers of this great country we call The United States of America afforded all American citizens rights.
Although there have been several modified laws, added rules, new laws and obsolete laws, the one thing that governs all of those changes is the Constitution.
The Constitution also governs all courts of the land.
One ingredient, right to due process, is so important that it covers two amendments. Both the 5th Amendmentand the 14th Amendment of the US Constitution provide all citizens with equal protection of their right to life, liberty and property. The main difference being the 5th Amendment provides it under the Due Process clause.
Under due process, all legal and formal laws and rules must be followed and adhered to at all times.
There is only one ingredient that can commence due process – the NOTICE.
The Supreme Court of the United States of America has thrown out millions of cases due to the lack of due process – namely the action of NOTICE.
If you were not given NOTICE, any related legal action is null and void.
The Supreme Court, time and time again, has enforced (and will continue to do so) the service of NOTICE.
Can a hearing still go on without given NOTICE? Yes.
If you find out about it after the judgment, do you have to abide by the judgement? According to the United States Supreme Court, the void order is void even before an appeal.
Those who attempt to enforce a void order carry the same guilt as trespassers:"They are not “voidable,” but simply “void;” and form no bar to a recovery sought, even prior to a reversal in opposition to them.
“They constitute no justification; and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers,” according to Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828)"
Remember, your Constitutional Rights are impenetrable.
Your service of NOTICE is, by far, the most important ingredient to your recipe for success in any court room.
The next ingredients in this court recipe will be found in upcoming columns – continuing your Constitutional Rights inside and outside the American courtroom.
This article is part of an informative series about navigating the United States court system. It is not legal advice and does not serve as a substitute for legal counsel.